A year in jail and a fine for ‘pirating’ consoles in Spain

(Cc @ whatimeanttosay)

Install ‘chips’ in gaming consoles so they can read “unauthorized copies” of software is a crime in Spain, according to a new judgment of Criminal Court No. 5 of Zaragoza.

The information has been provided by the Spanish Association of Publishers and Distributors Entertainment Software (ADES) to the daily El Mundo says that the owner of a shop ‘pirating’ consoles in Zaragoza, was sentenced to 12 months imprisonment, to pay a fine and also the payment of compensation to ADES, the management of the gaming industry, which had been filed.

And according to the people of ADES, modifying consoles with chips that can read video game ‘Pirates’ is a crime against copyright … While the media did not provide the statement referred to, it does explain that :

“The judge considered that the installation of these ‘chips’ on consoles, although they admit other legal functions, allowing the use of unauthorized copies of games, so it is a crime against intellectual property.”

Not the first time we see a similar ruling by the Spanish court: Earlier this year the Criminal Court No. 1 of Jerez de la Frontera, sentenced to six months imprisonment to the owner of an establishment for the distribution and sale systems to ‘hack’ consoles as “swap magic chips and programs” as well as the sale of “illegal copies of video games, movies and computer programs.”

However, the authorities are not 100% agreement at the time of sentencing in these cases: Some time ago we told you about the trial that Nintendo lost to a Spanish businessman asking for 23 years in prison for importing a kit consisting of China a pendrive, a card and SD card adapter and a cartridge, which the video game company could be used to illegally use programs on the console. Finally has been acquitted.

As always in these cases of battles between “piracy” and “copyright” notice as companies strive to offer the Government a thousand and one ways to persecute, intimidate, suppress and punish the citizens, instead of focus on finding a business model that allows a win-win reward to authors and creators, without squeezing the pockets of citizens … A question of balance.